Draft Cease and Desist Letter in Ohio (February 2024)
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Cease and Desist Letter
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Cease and Desist
Washington
Can I send a cease and desist letter to someone who is spreading false information about me online?
I am a small business owner and recently discovered that a former employee has been spreading false and damaging information about me and my business on social media. This false information is negatively impacting my reputation and causing potential clients to question the credibility of my business. I want to put a stop to this and protect my reputation, so I am considering sending a cease and desist letter to the individual. I would like to know if it is legally appropriate and effective to send such a letter in this situation.
Merry A.
What I suggest you do is write a polite, professional, and firm letter to the person(s) and send the letter in a manner in which you will get a receipt, such as certified, return receipt through the post office (this costs $8.75). Keep copies of everything. Let the person know they must stop immediately and remove any and all defamatory posts.. Do not make any threats. You can have an attorney do this for you, but it will probably cost you around $1000. After you send this letter, if the problem doesn't stop, the next step would be to get a civil anti-harassment order through court. This is something you can do yourself. If this doesn't work, you can return to court with a request (motion) to the judge to hold the defendant (respondent) in contempt and ask the court to impose fines. Another option, of course, is to sue for defamation (even for a business), but this type of case would cost you thousands and thousands of dollars, and there's no guaranty than you would win and get paid by the defendant. Although this is a "women's law" website, the website has a great explanation of various types of restraining orders in Washington State. Please look at the explanation for civil harassment: https://www.womenslaw.org/laws/wa/restraining-orders/civil-anti-harassment-orders You can, of course, skip writing a letter and go straight to filling for harassment, but judges tend to like to see some reasonable effort on the part of litigants to resolve their problems on their own prior to going to court. I normally would offer to help you, but I'm going to be traveling and am not available until some time after October 17th or so. I also do not engage in litigation any more myself. Oh, I want you to know that most Washington counties have a website for their courts that provide lots of information and forms for obtaining various types of restraining orders. Best wishes, Merry Kogut
Cease and Desist
California
Can a Cease and Desist letter be used to stop someone from making false statements about me online?
Recently, I discovered that a former friend has been spreading false and defamatory statements about me on various online platforms. These statements are damaging to my personal and professional reputation, and I want to put an end to it. I've heard about Cease and Desist letters being used in similar situations, but I'm not sure if it applies to online defamation. Can I use a Cease and Desist letter to demand that this person stops making false statements about me online?
Gordon F.
A cease and desist is little more than a letter demanding that they stop. It has no real legal effect without taking the party to Court. But it cAN show that you’re serious about the situation and it’ll contain the threat of Court action, which may be enough to get the other party to adjust its behavior. But be careful, sending a C&D can backfire if the other party decides to sue you first, asking the court to declare that they’ve done nothing wrong. So, only pursue this if you’re serious about pursuing court action. Also, be sure you include a demand for a Retraction, if appropriate, since some State laws require that before you can collect damages.